faustine so sabuni jilala others vs republic 2022 tzca 566 20 september 2022

faustine so sabuni jilala others vs republic 2022 tzca 566 20 september 2022

The cumulative effect of the trial court's omission to properly select and inform assessors, and the giving of a joint opinion, rendered the proceedings a nullity as the trial was deemed not to have been with the aid of assessors as required by law.

Citation
faustine so sabuni jilala others vs republic 2022 tzca 566 20 september 2022
Parties
Appellant: Faustine Sabuni @ Jilala; Appellant: Samike Mwihulo @ Kwilasa; Appellant: Juma Cleophace @ Kalungwana; Appellant: Kulwa Shija @ Gwashi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; trial proceedings nullified; convictions quashed; sentences set aside; retrial ordered
Legal Topics
Murder, Trial Irregularity, Role of Assessors, Retrial
Source Language
English
Criminal Law Criminal Procedure Murder Trial Irregularity Role of Assessors Retrial

Case Brief

Summary, issues, holding and outcome

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Parties

Faustine Sabuni @ Jilala

Appellant

Samike Mwihulo @ Kwilasa

Appellant

Juma Cleophace @ Kalungwana

Appellant

Kulwa Shija @ Gwashi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial was vitiated by improper selection and participation of assessors
  2. 2 Whether the joint opinion of assessors rendered the proceedings a nullity
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

The cumulative effect of the trial court's omission to properly select and inform assessors, and the giving of a joint opinion, rendered the proceedings a nullity as the trial was deemed not to have been with the aid of assessors as required by law.

Court Disposition

appeal allowed; trial proceedings nullified; convictions quashed; sentences set aside; retrial ordered

Orders

  • Trial court proceedings nullified
  • Convictions quashed